As amended through November 12, 2024
Rule 15 - Guardianship of a Minor(a)Petition. A petition for guardianship of a minor must state the name, address and telephone number of the petitioner and any living parents of the minor, as well as the person having principal care and custody of the minor for the 60 days preceding the date of the petition. A petition involving a minor must also state the date of birth of the minor and state whether the minor is or is not an Indian child as defined by the Indian Child Welfare Act. The petition must be verified by the petitioner or signed by an attorney representing the petitioner.(b)Notice. Notice must be given as provided in AS 13.06.110 and AS 13.26.060. In a petition for guardianship of an Indian child as defined in the Indian Child Welfare Act, notice must be sent to the child's tribe, which may move to intervene as provided by 25 U.S.C. Section 1911(c). However, notice is not required if the parents of the Indian child agree in writing to the guardianship and file a statement that the tribe has not been served with notice in order to protect the privacy of the parents.(c)Nomination of Proposed Guardian. Any party or other person nominating a person or entity as a guardian for a minor must notify the proposed guardian of the nomination and of the date and time of the hearing on the petition, unless notice is waived by the court for good cause.(d)Letters of Guardianship. Letters of guardianship of a minor may not issue without the written acceptance of the person to be named guardian. The acceptance must state that the person has read and understands the duties and powers of a guardian of a minor as stated by AS 13.26.167.(e)Reporting. A guardian of a minor ward shall file a brief annual report on the welfare of the minor and the condition of the minor's estate.(f)Application of the Indian Child Welfare Act and Regulations. In all cases involving an Indian child, the statutory provisions of 25 U.S.C. 1901 et seq., and the ICWA regulations at 25 C.F.R. Part 23, published at 81 Fed. Reg. 38778 (June 14, 2016) and effective December 12, 2016, shall apply.SCO 1014 effective 1/15/1990; amended by SCO 1063 effective 7/15/1991; by SCO 1198 effective 7/15/1995; and by SCO 1897 effective 12/12/2016; amended by SCO 1961 effective 10/15/2021. Chapter 64 SLA 2005 (HB 53 ) enacted extensive changes to the child in need of aid and adoption statutes. According to section 60(a) of the Act, AS 13.26.064, enacted by section 2, amends Probate Rule 15 by providing that retained privileges be set out in the guardianship decree and by providing additional procedures related to a voluntary relinquishment of parental rights.